ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 October 2019 DOCKET NUMBER: AR20170009419 APPLICANT REQUESTS: in effect, correction of his military record to show his service in Japan as well as all awards and decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from the National Personnel Records Center (NPRC) * Daughter’s birth certificate * Honorable Discharge Certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he served in the Army from 1943 to 1946. Upon Japan’s surrender, he was stationed in Japan for occupational duty. According to NPRC, his service is no longer recorded. He requests his service be updated. Due to the 1973 fire, his service record, including his service in Japan, was most likely destroyed. His war medals were stolen and his family is trying to getting them replaced without clarification of his service in Japan. 3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 February 1943 and entered active duty at Fort Benjamin Harrison, IN on 3 March 1943. This form also shows that at the time of separation he held military occupational specialty 1607 (Squad Leader) and he was assigned to Company D, 303rd Infantry Regiment. 5. His WD AGO Form 53-55 also shows: * he served in the European Theater of Operations (ETO) from 3 March 1945 to 16 June 1945 * he served in the Asiatic Pacific Theater (APT) from 6 October 1945 to 11 February 1946 6. He completed 2 years, 2 months, and 1 day of continental service and 10 months of foreign service. He was honorably separated on 1 March 1946. 7. Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge. 8. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Rhineland campaign during World War II (WWII). 9. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the: * American Theater Ribbon * European-African-Middle Eastern Campaign Medal * Bronze Star Medal * Asiatic-Pacific Theater Campaign Ribbon * Good Conduct Medal * World War II Victory Medal 10. Department of the Army 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining and establishing the eligibility of individuals for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit during World War II and the Korean War. This pamphlet: * Shows the 303rd Infantry Regiment received occupation credit for Germany between 2 May and 4 June 1945 * Does not show the 303rd Infantry Regiment was awarded occupation credit for Japan. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The Board does not provide record corrections for the NPRC as they operate outside the Army. The WD AGO Form 53-55 reflects the applicant’s record at the time of his separation. The separation document clearly shows he served in the Asiatic Theater of Operations during WW II; however, Japan is not specifically listed. Regulatory guidance did not provide for the listing of specific countries visited in the Asiatic Theater. The Board determined his separation document reflects al awarded and authorized awards. The Board agreed there was insufficient evidence of an error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009419 4 1